Embed Size (px)
Citation preview
LEGISLATIVE UPDATE
Brant Human Resources NetworkApril 20, 2017
Agenda
AODA: Changes to the Customer Service Standard
Ontario Human Rights Code– Policy on Ableism and Discrimination based on disability
– Preventing sexual and gender-based harassment
Health and Safety: – Mandatory Supervisor and Worker Awareness Training
– JHSC Certification
– Noise Regulations
– WHMIS 2015/GHS
Violence and Harassment: Sexual Harassment
Work in tandem with system partners
Workplace
MOL
WSPSWSIB
Specialized expertise & services
Management Systems
Safeguarding | Machinery
Robotics
Occupational Hygiene
Ergonomics
AODA
Workplace Mental Health
Warehousing
Racking
Hazard Prevention Programs
Health & Safety Consulting
Health & Safety Training
Legislative Compliance
Non-occ. Return to work/accommodations
AODA Update
Accessibility for Ontarians with Disabilities Act
(AODA)
Customer Service
(2012)
Transportation
(2011, 2012, 2014)
Information & Communication
(2014, 2017, 2020, 2025)
Built Environment –
Design of Public Spaces
(2015, 2017)
Employment
(2012, 2016)
New Structure of AODA
Accessibility for Ontarians with
Disabilities Act (2005)
Regulations under this Act
O. Reg. 191/11 INTEGRATED ACCESSIBILITY STANDARDS
O. Reg. 430/07 EXEMPTION FROM REPORTING REQUIREMENTS
O. Reg. 429/07 ACCESSIBILITY STANDARDS FOR CUSTOMER SERVICE
AODA Changes – July 1, 2016
Training – ALL employees, volunteers
Every person must be trained as soon as practicable
Feedback Process – title change; “Feedback process on the Accessible Provision of Goods or Services”
Must permit people to provide feedback in person, by telephone, in writing or electronic (email or disc)
Must specify actions the that will be taken
Customer Service Standard: Changes
Service Animals :
1. Readily identifiable (visual cues such as a vest or a harness)
2. Letter from a regulated “health professional”
3. Third party certification that the animal has been trained to provide assistance that relates to the persons disability
Other Types of Service Animals
10
Accessibility Report
Ontario Human Rights Code Update
Disability
Preventing sexual and gender-based harassment
Ontario Human Rights Code
Accessibility for Ontarians
with Disabilities Act
(AODA)
Non-discriminationAccommodate people to the point of undue hardship
Fully accessible Ontario by 201
Occupational Health and Safety Act
Healthy and Safe Workplace
Ontario Human Rights System
made up of three separate agencies:
The Ontario Human Rights Commission works to promote, protect and advance human rights through research, education, targeted legal action and policy development.
The Human Rights Legal Support Centre gives legal help to people who have experienced discrimination under the Code.
The Human Rights Tribunal is where human rights applications are filed and decided.
Ontario Human Rights Code
Race
Ancestry
Place of Origin
Colour
Ethnic Origin
Citizenship
Creed (religion)
Sex (including pregnancy and gender identity)
Sexual orientation
Disability
Age (18 and over, and 16 and over in occupancy of accommodation
Martial Status (including same sex partners)
Family Status
Prohibited Grounds:
The Ontario Human Rights Code
Free from discrimination in 5 social areas:
1. Housing
2. Employment
3. Services
4. Unions and vocational associations
5. Contracts
Update on Disability
New policy guidelines on ableism and discrimination based on disability
– Updates for employers on the duty to accommodate
– Systemic barriers
Ontario Human Rights Code
“Disability” means, (a) any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
(b) a condition of mental impairment or a developmental disability, (c) a learning disability, or a dysfunction in one or more of the processes
involved in understanding or using symbols or spoken language, (d) a mental disorder, or (e) an injury or disability for which benefits were claimed or received
under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (“handicap”)
Sexual and gender-based harassment
Making an employee dress in a sexualized or gender specific way
Dress code requirements that create adverse impacts based on sex violate human rights laws. Here are some cases that deal with the issue:
Dress codes different for female and male workers
Health and Safety Updates
Health and Safety:
– Awareness Training
– JHSC Certification,
– Noise Regulations
– WHMIS 2015/GHS
Violence and Harassment: Sexual Harassment
Recommendations 14 and 15 Mandatory Awareness
Training for Workers and Supervisors
New JHSC Requirements – 20+ Employees
March 1, 2016
Certification Part 1 – 3 days; not sector specific
Certification Part 2 – 2 days; hazard specific (industry specific)
Must be an MoL approved trainer
Must retrained every three years
Health and Safety Rep: 5 to 19 employees
Must now have management responsibilities
Must conduct workplace inspections
MoL expected to release mandatory Health and Safety Rep training 2017…..
Noise Regulations
Current noise testing
Are your employees wearing the correct ear protection?
WHIMIS 2015/GHS
Are you receiving chemicals with the new GHS information?
MSDS now SDS
Must be trained to the new regulation
Sexual Harassment
New requirements:
Broader definition
Written harassment program: harassment reporting, procedures for investigation and dealing with harassment complaints
Confidentiality
Retaliation assurances
Procedures for notifying the worker and alleged harasser of the results of the investigation and corrective action taken
Defining Sexual Harassment
Engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome; or
Making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.
Sexual Harassment cont.
Take accusations of sexual harassment seriously
Support employees who are reporting sexual harassment
Don’t confuse support and sympathy as believing report
Don’t take disciplinary action against the accused unless and until you determine that there is reliable evidence to support the accusation
Unfortunately in most cases the accusations of sexual harassment cannot be corroborated because there are no witnesses
Investigations
Timely
Thorough
Objective
Hiring an outside/competent person to conduct the investigation?
Resources to help with Sexual Harassment
Ministry of Labour
– Workplace Violence and Harassment: Understanding the Law (September 2016)
– Codes of Practice
– www.labour.gov.on.ca
Resources for Small Businesses
www.wsps.ca
Small Business Calculator
Workplace Inspection Forms
Hazard Sheets
On-site Consultation available through pre-paid services
Pages of downloadables on hundreds of different health and safety topics
Wrap UpJennifer Threndyle
AODA Specialist
Workplace Safety and Prevention Services
www.wsps.ca
Customer Care - 905 614 1400
Toll Free 1 877 494 WSPS (9777)
